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Terms of Service Agreement
This agreement ("Agreement") is between
All services provided to Customer by FNC will be governed by the terms of service outlined herein.
By activating the Services, END USER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. They affect the legal rights between Customer and FNC.
Please pay special attention to clauses about LIMITATION OF LIABILITY and ARBITRATION OF DISPUTES.
1. These terms and conditions herein replace and override any and all other statements, agreements, or otherwise past understandings between FNC and Customer. Any such agreement SHALL NOT BE BINDING TO FNC. Any waiver or amendment to this clause shall NOT BE BINDING UNLESS IN WRITING AND SIGNED BY AN FNC OFFICER.
2. The TERM of this agreement begins when Customer signs up for service with FNC. Agreement shall be applicable and binding FOR THE LIFE OF THE ACCOUNT WITHOUT NEED TO RENEW. This agreement will renew itself monthly until and unless Customer cancels their account. Customer will remain liable to FNC for any and all outstanding balances once they cancel their account - if applicable. Customer will also be liable for all legal and administrative costs incurred in the process of collecting such funds.
3. Type of Service - FNC offers Customer PRE-PAID service. FNC IS NOT A PHONE COMPANY AND IS NOT CLASSIFIED AS SUCH. SERVICES RENDERED UNDER THIS AGREEMENT ARE INFORMATION SERVICES AND NOT PHONE SERVICES.
4. 911 Service - FNC provides E911 service. To set it up please click the E911 status message inside the web console. PLEASE UNDERSTAND 911 SERVICE OVER THE INTERNET IS NOT RELIABLE AND WE HIGHLY RECOMMEND YOU KEEP OTHER MEANS TO CALL 911 AVAILABLE! Power outages, internet outages, a broken cable or equipment, and other similar causes CAN AND WILL cause 911 service to disfunction. By agreeing to our Terms of Service you also SPECIFICALLY AGREE THAT YOU ACKNOWLEDGE E911 SERVICE OVER THE INTERNET IS NOT RELIABLE AND SHOULD NOT BE DEPENDED ON AS YOUR SOLE MEANS TO CONTACT EMERGENCY SERVICES!!
5. Customer agrees that they will retain and upkeep access to 911 service ON THEIR OWN, SEPARATE FROM THEIR SERVICE WITH FNC. Customer under no circumastances shall hold FNC liable for being unable to reach 911 service. Customer acknowledges that they have READ THESE TERMS OF SERVICE and HAVE UNDERSTOOD E911 SERVICE IS LESS RELIABLE THAN TRADITIONAL LANDLINE 911 SERVICE. Customer will clearly label all adapters, phones, softphones, or any other such device, warning house guests that 911 service on this device may not work properly. In the event Customer fails to do so, Customer ALONE shall be liable to any claims made by house guests caused by inability to dial 911. TO FURTHER EMPHASIZE, FNC DOES NOT GUARANTEE 911 SERVICE WILL WORK AND WILL NOT BE HELD LIABLE FOR INABILITY TO CALL 911. FNC shall do it's best to provide reliable service and reliable 911 service to all customers - but customer acknowledges that due to the inherent nature of Voice over IP it is IMPOSSIBLE to provide a 100% success rate for 911 calls. We recommend keeping a combination of Future Nine service and cell phone handy at all times to be able to have access to 911 virtually 100% of the time.
6. Equipment - FNC provides equipment only to some customers. In the even FNC provided Customer with equipment, FNC will not be held liable for the quality of service, inability to operate, or any other problems which may arise from use of the device. IN ANY AND ALL CASES FNC SHALL NOT BE HELD LIABLE FOR AN AMOUNT LARGER THAN THE PURCHASE PRICE OF THE EQUIPMENT BY Customer.
7. Beta Service - FNC is currently under a "Beta testing" mode. What this means is that some services will not act as expected, some features might not work, and in general FNC makes absolutely no claim for quality of service or availability of features. FNC will give Customer the best service FNC can provide under these circumstances, but customer understands that this is a BEST EFFORT type of service and agrees to hold FNC harmless from any quality of service claims.
8. To compensate customer for any possible inconveniences arising from Beta service, Customer shall receive 50% off any monthly unlimited plan. This discount is already reflected in the price suggested to Customer on our Plans web page. CUSTOMER AGREES THIS IS JUST COMPENSATION FOR ANY SERVICE ISSUES WHICH MAY ARISE.
9. Price-guarantee - Upon request and pending authorization from a Director, FNC shall guarantee to Customer that their rates will not increase for 12 months following the guarantee. Director shall have the authorization BUT NOT THE OBLIGATION to offer Customer a longer rate guarantee. IF A RATE GUARANTEE WAS NOT GIVEN TO CUSTOMER IT IS ASSUMED SUCH GUARANTEE DOES NOT EXIST, AND FNC SHALL RETAIN THE RIGHT BUT NOT THE OBLIGATION OF CHANGING ITS RATES IF BUSINESS DICTATES SUCH CHANGE NEEDED. In any case, whether mentioned by Director during the time of guarantee or not - taxes, mandatory fees such as 911 fees, and other such miscelaneous items ARE NOT GUARANTEED UNDER THIS CLAUSE. FNC cannot control these expenses and therefore will have to pass them on to customer if they increase.
10. Taxes, fees - At this point FNC is not legally required to collect taxes or fees from Customer. FNC shall refrain from collecting such funds so long that it is viable to do so. FNC reserves the right (but not the obligation) to collect additional taxes and fees shall those increase to a level which forces FNC to do so.
11. Billing - Customer acknowledges that given the pre-paid and pay-per-use nature of the service, FNC SHALL NOT REFUND ANY AND ALL USED FUNDS. ALL CHARGES MADE FOR CALLS UNDER A NON-UNLIMITED PLAN ARE FINAL, AND ANY MONTHLY SERVICE FEES ARE FINAL AND NON-REFUNDABLE. FNC will refund customer with any remaining balance AT TIME OF CANCELATION OR TERMINATION OF SERVICE.
12. Contract and Cancelation - Customer is free to cancel any time. Customer understands that there is a $15 administrative fee to cancel. Any remaining balance in the account beyond the admin fee will be refunded in full, minus any applicable and neccessary deductions, such as (but not limited to) payment for services already rendered. Customer also understands that due to the UNLIMITED nature of FNC's monthly plans, FNC cannot refund the charges made for those services, and under no circumstances will be required to do so.
13. Money Back Guarantee - FNC does not provide a money back guarantee. All cancelations are subject to a $15 cancelation fee at FNC's discretion. Yearly plans will be pro-rated at the monthly rate and unused portion refunded. Monthly plans will not be pro-rated, and only remaining unused credit refunded. Pay-as-you-go plans will have unused credit balance refunded. The $15 fee will be deducted from the amount to be refunded. If credit balance is below $15 no refund will be given.
14. Rate changes - While FNC guarantees their rates will always be below traditional phone company rates for international and long distance calls, ALL SUCH RATES ARE SUBJECT AND DO IN FACT CHANGE MULTIPLE TIMES A MONTH. Customer understands that FNC is dependant upon vendors who change their own price, forcing FNC to change such prices often. Customer will not hold FNC liable for any such changes, whether Customer knew about the change is irrelevant. In any and all cases the final rate for billing purposes is the rate set by FNC at the time the call took place.
15. Credits and other compensation to Customer for interruption of service SHALL NOT BE PROVIDED UNLESS SIGNED FOR AND AGREED TO BY A FNC DIRECTOR. While FNC reserves the RIGHT to compensate Customers for poor service, IT SHALL NOT HAVE THE OBLIGATION TO DO SO.
16. All BILLING DISPUTES must be submitted by Customer WITHIN 30 DAYS, by opening a support ticket with the details of the dispute. SHOULD Customer NOT DISPUTE A CHARGE WITHIN 30 DAYS, Customer IS CONSIDERED TO HAVE WAIVED ANY OBJECTION AND FURTHER RECOURSE FOR THE CHARGE.
17. Telephone number - Customer acknowledges that FNC leases phone numbers from other providers. As such FNC has no control over matters such as LNP (number portability). It is POSSIBLE that FNC can assist customer in porting their number to another provider, but FNC is NOT OBLIGATED TO DO SO AND SHALL ONLY DO SO IN GOOD FAITH. FNC also reserves the right to charge a fee not to exceed $30 for this service.
18. RESIDENTIAL USE - ALL RESIDENTIAL PLANS ARE STRICTLY LIMITED TO RESIDENTIAL CUSTOMERS. Any activity on such plans which resembles business usage patterns SHALL SUBJECT Customer's service to IMMEDIATE SUSPENSION PENDING FURTHER REVIEW. Should FNC determine, through standards set forth in this agreement, that Customer is using service for business purposes, Customer shall be liable to FNC for the greater of 1. Same class of service on a business plan. 2. Actual per-pay-use business costs. FNC reserves the right to choose which. In the event FNC does not have a similar business plan, it shall be assumed that a comparable business plan would cost 3x times a similar residential plan. In addition, Customer shall be liable to FNC for an administrative fee for the burden of investigating such activity. This fee will be set at a minimum of $100 per incident, subject to increase with revisions of this agreement. To the effect of what constitutes non-residential usage: any of the following patterns shall be reason enough to subject the account to scrutiny - 1. Usage of over 1500 minutes, on average, per month. (one month go over OK, two months go over not OK) 2. Consistent usage of over 50 calls per day. 3. Consistent usage of more than 3 hours per day. 4. Placing calls to over 100 numbers in any 7 day period. If presented with such patterns, FNC shall review the account, and upon FNC's best judgement, determine if it is residential or business use. If determined residential, FNC will hold user harmless from any claims under this clause. HOWEVER- residential accounts which consistently go over 3000 minutes a month will be downgraded or suspended. (this does not affect 99% of users)
19. FRAUD PREVENTION - FNC reserves the right TO IMMEDIATELY AND PERMANENTLY SHUT DOWN ANY ACCOUNT WHICH FNC BELIEVES TO BE PAID FOR BY FRAUDLENT FUNDS. Should FNC do so in error, FNC shall re-activate the account, BUT HAVE NO FURTHER LIABILITY TO Customer beyond a pro-rated refund of the days of service Customer already paid for. Such refund will not be monetary but rather be given to customer as ADDITIONAL DAYS TO CURRENT SERVICE.
20. PRIVACY WAIVER - Customer agrees to defend, indemnify, and hold FNC, its affiliates, and its vendors harmless from any claims or damages relating to the capture of customer's personal info including customer's identification details, address, IP address, phone number, and any other details FNC deems necessary to establish customer's identity is real. Furthermore Customer understands that should FNC fail to verify Customer's identity BEYOND REASONABLE DOUBT - NO service shall be furnished to Customer. FNC will use any details it collected from Customer including but not limited to the information mentioned above. CUSTOMER SPECFICIALLY UNDERSTANDS THAT CREATING THEIR ACCOUNT UTILIZING WEB PROXIES, OR ANY OTHER MEANS WHICH MIGHT BE CONSTRUED AS TRYING TO MASK THEIR IDENTITY SHALL SUBJECT THEIR ACCOUNT TO IMMEDIATE DISCONTINUANCE OF SERVICE. Customer agrees that by creating an account with FNC they are REQUIRED to use their home or work internet service, and refrain from using web proxies or any other techniques to mask their identity.
21. FNC while in Beta provides Technical Support on a BEST EFFORT basis. While we do the best we can to support our customers, we make ABSOLUTELY NO GUARANTEES AS TO QUALITY OF TECHNICAL SUPPORT. Phone support is not provided unless specifically requested. If requested a customer support representative shall contact Customer at a phone number Customer will provide. All other tech support should be handled via the Support link on the FNC web page.
22. INDEMNIFICATION. End User agrees to defend, indemnify, and hold FNC, its affiliates, and its vendors harmless from any claims or damages relating to this Agreement.
23. IN NO EVENT SHALL FNC BE LIABLE FOR CONSEQUENTIAL DAMAGES NOR ANY DAMAGES CAUSED TO CUSTOMER FOR ANY REASON. CUSTOMER AGREES THAT AT ANY POINT IN TIME FNC'S LIABILITY TO CUSTOMER SHALL BE LIMITED TO ONE (1) MONTH PLAN COST. FNC SHALL NOT BE LIABLE FOR ANY AMOUNT ABOVE THAT UNDER ANY CIRCUMSTANCES.
24. WARRANTY - FNC MAKES NO WARRANTIES, EXPRESSED OR IMPLIED. THERE IS NO WARRANTY FOR SERVICE AND Customer AGREES THEY ARE AWARE THERE ARE NO WARRANTIES.
25. DISPUTE RESOLUTION AND GOVERNING LAW - Customer agrees that the governing law for this agreement is THE STATE OF DELAWARE. Any and all disputes shall be arbitrated under the laws of Delaware - REGARDLESS OF WHERE Customer IS LOCATED.
** TOS Ver 1.3 (03/01/2008)
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